The Title IX Office is responsible for receiving and responding to reports of sexual misconduct and other discrimination on the basis of sex, including sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking. Sexual misconduct is not limited by gender, gender identity, gender expression, or sexual orientation of the complainant or the respondent. The Title IX Office:
- Offers supportive measures and information about confidential on- and off-campus resources for complainants and respondents
- Investigates formal complaints in a fair and impartial manner that avoids prejudgment of facts at issue and conflicts of interest and bias. The presumption is that no policy violation has occurred unless proven otherwise by a preponderance of the evidence in a university adjudication process.
- Monitors reports and complaints to identify any patterns or systemic problems revealed by such reports and complaints.
The office participates in the coordination of the institution’s compliance with Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) university policy 1340, 1346, and 1324, as well as applicable federal and state laws through tracking the university’s compliance efforts and consulting with and providing support to the university community. The Title IX Office also provides support for students experiencing pregnancy and other pregnancy related conditions.
Title IX Overview
Title IX, Policy 1340, and 1346 do not restrict the rights of faculty members and students of the institution to academic freedom or impair the exercise of rights protected under the United States Constitution such as the right to free speech. See Faculty Handbook, Section III.A.1. Academic freedom carries with it responsibilities, including the responsibility to refrain from harassment, discrimination, and misconduct. See Faculty Handbook, Section III.A.8 and Academic Affairs Policy 12, Disruption of Class.
The university will not pursue alleged policy violations of personal consumption of alcohol or drugs against students who are reporting sexual misconduct on their own behalf or against students who participate as witnesses in procedures under Policy 1340 or 1346, even if these substances were involved. (Va. Code Ann. § 23.1-808(B)) The university will not pursue alleged policy violations for personal consumption of alcohol or drugs against employees, affiliates, or visitors where such disclosure is made in conjunction with a good faith report of an act of sexual violence. (Va. Code Ann. § 23.1-808(B))
The Title IX Office communicates with university students and employees using the university student or employee’s assigned JMU email address. As laid out in Policy 1209: Electronic Messaging, university community members are responsible for regularly checking and maintaining their assigned email accounts. Email correspondence including notifications sent by the Title IX Office are considered received 24 hours after the date and time the correspondence was sent.
The specific procedures the university uses to determine if emergency removal or administrative leave is justified for a respondent can be found in Policy 1115: Violence Prevention.
The Title IX Office presumes that all parties participating in programs and procedures coordinated by and offered by Title IX are acting in good faith.
Meetings with the Title IX Office will generally be scheduled during regular university hours of business operation, which are Monday-Friday, 8:00 a.m. – 5:00 p.m., unless the university is closed. If the Title IX Office assigns a meeting time and date to a party participating in a formal complaint investigation, such meetings for students will be set around the student’s academic schedule. Such meetings for employees will be scheduled to take place during regular university business hours.
Reporting an incident and/or filing a formal complaint with the Title IX Office does not restrict the complainant’s ability to also report criminal conduct to law enforcement and to pursue a formal complaint and law enforcement process simultaneously or not at all. Individuals who have experienced or become aware of criminal conduct are encouraged to report incidents directly to law enforcement.
Retaliation is prohibited against a group or individual exercising rights under and/or participating in, or refusing to participate in, any procedures under Title IX, Policy 1340, 1346, or 1324. Retaliation constitutes a form of misconduct and may result in sanctions separate from, and not dependent on, the outcome of any report or formal complaint filed under Policy 1340, 1346, or 1324. Claims of retaliation will be adjudicated under procedures that are prompt and equitable.